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VIKRAM NATH, SATISH CHANDRA SHARMA
Vinod Kanjibhai Bhagora – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Leave granted. The decision of the High Court of Gujarat (the “High Court”) in Special Civil Application No. 22341 of 2017 whereunder, the High Court declined to exercise its jurisdiction under Article 226 of the Constitution of India, is assailed before us (the “Impugned Order”).
2. The Appellant was engaged by the Central Government as a Postal Assistant in the Gandhinagar Postal Division on 12.08.1983 and thereafter continued to serve in the aforesaid role up until 16.07.1993.
3. In the interregnum, an invitation for application(s) for recruitment to the post of Senior Assistant in the Ministry of Health and Medical Services, Government of Gujarat (the “State Government”) came to be issued. Accordingly, the Appellant herein obtained a No-Objection Certificate (“NoC”) dated 18.06.1993 from the Superintendent of Post Office, Gandhinagar Division and thereafter participated in the aforesaid selection process.
4. On 16.07.1993, the Appellant having been selected as Senior Assistant in the State Government, tendered a technical resignation in qua his employment as a Postal Assistant in the Gandhinagar Postal Division.
5. On 18.08.1993, the Appellant joined as a Senior Assistant
Prior Central Government service may be recognized for pension benefits despite breaks in service under specific conditions.
The court upheld that a petitioner’s past service could be counted towards pension benefits under the CCS (Pension) Rules where explicit conditions of absorption allowed for such recognition.
R.29(b) of the Kerala Service Rules does not allow independent pension claims post-resignation to a Central Government body if previous State service was not counted.
Point of Law : A person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution.
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